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27 Jan 2025

Clinical Negligence

What Is Gynaecological Negligence?

Think you might be a victim of gynaecological negligence? Here's what you need to know.

Gynaecological care plays a vital role in women’s healthcare, encompassing treatments and medical advice aimed at maintaining reproductive health. Though most healthcare providers aim to deliver high standards of care, errors can and do happen, sometimes resulting in gynaecological negligence. 

Recent data highlights the growing strain on gynaecological services in the UK. 

According to the BBC, waiting lists for gynaecology appointments have more than doubled since 2020, with an estimated 630,000 individuals awaiting care for issues such as endometriosis, fibroids, and menopause care. 

Delays in treatment and diagnosis can exacerbate conditions, increasing the risk of complications and potential negligence. Victims of gynaecological negligence may be able to pursue gynaecological negligence claims and receive compensation for the harm caused. 

We’ll cover more about gynaecological negligence below, including examples of common scenarios, and the steps you can take if you believe you have been affected. 

Understanding Gynaecological Negligence

Gynaecology is a branch of medicine focused on the care and health of the female reproductive system, including the vagina, breasts, and ovaries.  

Gynaecological negligence refers to situations where a healthcare professional – such as a gynaecologist, GP, or nurse – fails to deliver an acceptable standard of care. 

This lapse can result in harm to the patient, whether through misdiagnosis, incorrect treatment, or mistakes made during surgical procedures. Examples include internal organ damage, incontinence, or infections with long-term consequences. 

Gynaecological negligence cases typically fall into two main categories:

  • Failure to diagnose or treat an existing gynaecological condition. This may relate to errors, such as misinterpreting test results or neglecting to conduct necessary examinations. 
  • Actions by a healthcare provider that directly causes a gynaecological injury. This may involve performing an inappropriate procedure in a given situation or executing a correct procedure incorrectly, resulting in significant harm to the patient. 

Examples of Gynaecological Negligence

Gynaecological negligence can take many forms. Below are some examples of situations where it may occur.

1. Damage During Abortion

In 2022, abortion complications were reported in 300 out of 251,377 cases in England and Wales, representing about one in every 838 procedures. While many complications are treatable, more severe issues can occur. 

Errors during abortion procedures, such as inadequate patient monitoring or improper medical techniques, can lead to serious complications like excessive bleeding, infections, or uterine damage. 

Although rare, problems like uterine perforation, a type of uterus injury, may require emergency treatment, while conditions like Asherman syndrome (where scar tissue forms in the uterus) can lead to reduced menstrual flow and fertility issues. 

2. Wrongful Birth

Wrongful birth refers to situations where a child is born who otherwise would not have been, had the appropriate medical guidance been provided. This can happen if the parents would have terminated the pregnancy, had they known the child would have been born with a genetic defect or disability. 

In cases of gynaecological negligence, wrongful birth can result from failed procedures like ineffective sterilisation. Conditions like Down’s Syndrome can be detected through antenatal screenings, though negligence can occur if these screenings are misinterpreted or if parents are not informed of the diagnosis. 

3. Negligent Fallopian Tube Removal/Salpingectomy

Improper removal of the Fallopian tubes, often during sterilisation or ectopic pregnancy treatment, can lead to unnecessary damage to surrounding organs, chronic pain, or infertility. 

Miscommunication or inadequate consent regarding the procedure’s risks may also constitute negligence. The removal of the Fallopian tubes and the ovaries should only occur for clinically valid reasons, like a genetic risk for ovarian cancer. 

In cases of heavy menstrual bleeding, uterine prolapse, or fibroids, a hysterectomy may be considered only after other treatment options have been explored, without the need to remove the ovaries or Fallopian tubes.

4. Perforation Of The Uterus During Coil Insertion

Uterine perforation is a rare but serious complication of intrauterine device (IUD) insertion. It can occur if the procedure is not performed correctly or if signs of perforation are overlooked, leading to potential infections, organ damage, and the need for further surgical intervention. 

In the UK, the risk of uterine perforation during IUD insertion is less than 1 in 1,000. Perforation can be complete, with the IUD moving into the abdominal cavity, or partial, with the device embedded in the uterine wall. In rare cases, the IUD may perforate into the urinary tract or bowel.

What To Do If You Suspect Gynaecological Negligence

If you believe you’ve experienced gynaecological negligence, you may be entitled to compensation for medical costs, lost income, and ongoing care. 

To prove negligence, you must establish that the healthcare provider owed you a duty of care, breached their duty of care and directly caused harm.

The key challenge is demonstrating that the outcome was preventable, rather than an unfortunate medical event. Medical negligence solicitors can help you assess your case, gather evidence, and guide you through the claims process to ensure you receive fair compensation for the harm suffered.

Steps to Take When Pursuing A Gynaecological Negligence Claim:

  1. Seek Immediate Medical Attention: If you’re experiencing ongoing health issues, consult another healthcare provider for proper diagnosis and treatment. Make sure you document any complications. 
  2. Collect Evidence: Gather medical records, witness statements, and expert opinions that show how the care you received fell short of the expected standard, directly leading to harm. You may need additional medical assessments to support your claim.
  3. Consult a Solicitor: Speak with a clinical negligence solicitor who can guide you through the claims process, including submitting your claim to the relevant authority appropriate to the type of claim.
  4. Be Aware of Time Limits: In the UK, you typically have three years to file a clinical negligence claim, starting from the incident or when you became aware of the harm. Exceptions may apply to children or individuals with mental disabilities.  

How We Can Help

Gynaecological negligence is a deeply personal and distressing experience, but seeking professional assistance can help you take steps toward justice.

At Harding Evans, our experienced clinical negligence solicitors can help you navigate your claim. This includes establishing whether negligence occurred, if compensation is warranted, obtaining medical records, and representing your interests in negotiations or court proceedings. 

Contact us to find out more. 

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